Civil law (effective from 20211)
Article 1064 _ _ The debts incurred by both husband and wife * * * with the same signature or ratified by one party afterwards, as well as the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of the husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1065 _ _ Both men and women may agree that the property acquired during the marriage relationship and the pre-marital property are their own, * * * all or part of it is their own, and * * * part of it is their own. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.
Article 1089th At the time of divorce, husband and wife shall pay off the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
To sum up, the creditor can't directly ask the niece of the party for the debt owed by the party. Although from the family's point of view, it can be repaid if the child has the ability to help the father repay the debt, it is not illegal for the child to refuse to repay. The property rights and debts between parents and children are legally independent of each other. After the death of his father, the debts owed by his father should be distinguished according to the actual situation.